USAGE REGULATIONS OF THE „EXPECTUS” PROGRAM
I. GENERAL PROVISIONS
1. The owner of the program is Salelifter sp.z o.o. (hereinafter: Salelifter), based in Rybnik (44-200), on Raciborska Street 35a, registered in the National Court Register by the District Court in Gliwice, X Economic Division of the National Court Register, under the number 0000472712, TIN: 642-31-83-413, with capital in the amount of 50.000,00 PLN.
2. The Program – Expectus can be found in the Internet under the address https://ex.salelifter.com , which is accessible for all users. The System includes tools for databases verification.
3. The Regulations – the present usage regulations, which determines the principles of using the Program, including in particular the rights and obligations of Users.
4. User – a natural person engaged in economic activity, legal person or an organizational unit without legal personality, which the law recognizes as having legal capacity, that meets the conditions of the Regulations and has made a correct registration in the Program
5. Registration – the procedure related to opening an Account in the Program.
6. Account – run by Salelifter for User under a unique name (login), allowing users to log into the program, verify Records and use all the features of the Program, on the terms described by the Regulations.
7. Login/e-mail – de notes an individual User designation which allows to identify him/her grants access to the Program.
8. Password – a sequence of characters chosen by User in order to secure access to the Account. While using the Program, User can change Password him/herself.
9. Price list– is a list of charges for the use of the Program dependent on the number of verified Records, according to the tariff plan selected by the User. The Price list can be found under the address: ex.salelifter.com/pl/cennik.
10. API (Application Programming Interface) – the way, understood as a strictly determined set of rules and their descriptions, using which we make it possible for Expectus to communicate with other applications.
11. API Key – a sequence of characters which allows access to API.
12. MD5 format– a cryptographic hash function, which generates a 128-bit shortcut from any data sequence. Using a database saved in this format increases safety of data verification process.
13. HLR – the method (Home Location Register), which allows for verification of a mobile phone number. This method allows to determine the original GSM Network for the given number. It also allows for excluding faulty, non-existent numbers from a database, as well as assessment of a number within a network.
14. Personal data – all information about an identified or possible to identify natural person within the meaning of the Act of Law of 29th August 1997 on personal data protection (Journal of Laws 1997 no 133 item 883).
15. Record Verification – checking a given Record. Record analysis proceeds lexically, syntactically and structurally. Records verification allows to eliminate non-existent, false e-mail addresses, to indicate Records which can be attempts to force payment from dishonest publishers in partner programs.
16. Record – single entry in a Database, which can contain one or more pieces of personal data.
17. Database– gathered digital data in form of a CSV file.
II. USING THE PROGRAM
18. Upon registration an agreement (hereinafter: „Agreement”), is concluded between a User and Salelifter, the subject of which is the ability to use the Program, on the terms described by Regulations.
19. Registration requires a potential User to enter user name, email address and a password, which will permit the registered User access to the Program.
20. The Program is a tool for verification of databases entered to it by a User.
21. Access to the Program is possible in the online version.
22. As part of the use of the Program a User has the right to:
a) enter a Database in the Program or use an API key in order to verify Records,
b) download a report of the performed verification,
c) delete the report.
23. User May not, in particular:
a) use the Program in a way which infringes the law, in particular the Act of Law of 18th July 2002 on electronic services,
b) use the Program in a manner that violates decency,
c) modify, change structures, disassemble the Program or use the Program or its part in different software;
d) permanently or temporarily multiply the Program in whole or in part by any means and in any form;
e) observe, research or test Program functioning, unless the observations, research or testing is undertaken by User during entering, displaying, using or storing the Program and only within the range determined by the provisions of these Regulations, in particular in order to get to know the idea and principles of the Program,
f) multiply the code or translate its form within the meaning of art. 74 paragraph 4 points 1 and 2 of the Law of 4th February 1994 on Copyrights and Related Rights (Journal of Laws of 2000 N 80, item 904).
III. RIGHTS AND OBLIGATIONS OF SALELIFTER
24. Salelifter declares that it will store the data imported by User until User deletes them.
25. Salelifter will provide due diligence to ensure proper and continuous functioning of the Program.
26. Salelifter is empowered to make periodic technical interruptions in the operation of the Program, in the period the least burdensome for Users. Salelifter shall inform Users about the date and the anticipated duration of the interruption at least 2 days in advance by giving information about the planned technical break in User’s Account.
27. Salelifter is empowered to interruptions or disruptions in the provision / operation of the Program, if this is due to the need to repair, modify, extend or maintain equipment or software installed, or due to causes beyond the control of Salelifter, without prior notification to the Users.
28. Salelifter shall not be liable for any damages, loss of data, information or income as a result of using the Program by Users.
29. Salelifter has the right to permanently delete User Account in particular in the following cases:
a) if User uses the Program not accordance with the law, the provisions of these Regulations or infringes rights of third parties,
b) in the event of terminating the Agreement,
c) if within 14 days after opening an Account, the User does not log in or makes payment in accordance with the selected package,
d) if a future User has not completed the Registration.
30.Salelifter reserves the right to temporarily block the Account or User’s access to selected services provided under the Program, in case of Program’s security threats. Salelifter may allow for further use of the account by the User provided the User changes Password for that Account.
31. At least 3 working days before the planned removal of the Account, User will be notified of such intention by e-mail at the address specified during Registration. Such notification shall be considered delivered upon sending an e-mail by Salelifter.
IV. RIGHTS AND OBLIGATIONS OF USERS
32. User agrees that Salelifter processes User’s data, entered during Registration.
33. By activating an Account in the Program, User agrees to receive electronic information from Salelifter.
34. User bears full and sole responsibility for damages caused by the User, in particular, caused by User’s acts or omissions made on imported databases. User’s liability also covers benefits lost by Salelifter.
35. On behalf of the legal person, the Registration can be carried out only by persons authorized to represent. The person making the registration of a legal person in the Program at the same time declares that she/he is legally empowered to represent the legal person and to make the registration, and bears full and sole responsibility in this respect.
36. User is obliged to promptly update the information given in the Registration form in case of changes.
37. User is fully responsible for providing correct information during the Registration and establishment of the Account and for updating and changing data in the Program.
38. User declares that the database entered in the Program does not include any data, information or content contrary to the applicable laws and morality.
39. User declares that all Records gathered in a Database entered in the Program have been collected according to the law, and processing them by Salelifter does not infringe the rights of third parties.
40. User acknowledges that the verification of Records is not identical with obtaining by Salelifter the consents of the people gathered in the Database for sending business information electronically.
41. User acknowledges that it is not possible to identify 100% of wrong Records by the Program.
42. User acknowledges that Salelifter shall not be liable for any damages, loss of data, information or income as a result of User’s of the Program or interruptions in access to the Program for reasons beyond Salelifter, in particular, due to failure of telecommunication networks, failure of GSM operators’ system, improper signal transmission in third networks, general strike, country's internal strife, earthquakes, floods, epidemics, other events of elementary forces of nature, which cannot be foreseen and which are external to Salelifter or User and their activities.
43. User acknowledges that Salelifter shall not bear any responsibility for actions or omissions of the User or third parties that are associated with any use of the Program by User or third parties.
44. User bears full and sole responsibility for the transmission of information to the people gathered in the Database.
45. In case User wants to import the Program Database, which will contain personal data within the meaning of the Act on the Protection of Personal Data, User is obliged to complete an agreement for entrusting the processing of personal data, which is attached as Appendix 1 to the Regulations. User is obliged to print the above agreement in two copies, fill them in and sign (in accordance with applicable method of representation) and then send both copies to the address of Salelifter (mentioned in point 1 of the Regulations). After receiving the above mentioned agreement, Salelifter will sign and send back one copy of the agreement.
V. USING THE PROGRAM
46. Using the Program is possible after successful Registration by a User. Registration is made by filling out the registration form on Salelifter’s website under the address: ex.salelifter.com/pl/login. The User selects a particular tariff plan in accordance with the Price List. Plans are described in detail on Salelifter’s website at: ex.salelifter.com/pl/cennik. With the selection of a particular tariff plan, User declares what amount to pay to the Salelifter’s bank account, on which basis Salelifter will issue a payment form. Upon receiving the amount declared by User on Salelifter’s bank account, Salelifter will inform the User by sending an e-mail that User’s Account has been credited and will issue a VAT invoice according to the principles described in point 48 below. When User’s Account has been credited, User can start using the Program under the terms of these Regulations and in accordance with the selected tariff plan.
VI. PAYMENT
47. In order to use the Program, User is obliged to top up (credit) the Account. The mentioned topping up is payable in advance and after the payment User is entitled to use the full amount of net topping at any time. Cost of Records verification is dependent on the amount of topping up and has been defined in the Price List for different tariff plans selected by User. The amount of the topping up, mentioned in the first sentence of this point, will decrease relatively according to the number of Records verified by User.
48. The topping up, mentioned in point 47 above, is payable to Salelifter’s bank account in ING Bank Śląski with the number 05 1050 1344 1000 0090 3022 3060. Salelifter will issue a VAT invoice within 7 days from entering the amount in Salelifter’s bank account.
VII. COMPLAINTS
49. User has the right to file a complaint about the verification, for its failure to execute or improper realization resulting from the malfunctioning of the Program.
50. Complaints referred to in paragraph 48 above, may be submitted by User in writing, by registered mail to Salelifter’s address or electronically at expectus@salelifter.com , within 14 days from the date of verification that the complaint pertains.
51. The deadline described by the previous point of the Regulations depends on the date of receiving the complaint by Salelifter’s office.
52. Complaints received after the time specified above will not be considered.
53. Complaints should indicate claimant's data, in particular the data necessary to reply to the complaint, the date of verification that the complaint relates to and a brief description of the subject of the complaint, namely the problem.
54. Effectively filed complaints will be dealt with immediately, however not later than within 30 days of receipt of the complaint. Claimant will be notified of how the complaint has been considered by registered mail or electronically to the specified e-mail by User during Registration no later than 7 days from the date of complaint consideration.
VIII. FINAL PROVISIONS
55. Salelifter reserves the right to change the Regulations. Each user will be informed of changes in the Regulations by placing information by Salelifter at ex.salelifter.com /regulamin about changing the Regulations, containing the list of amendments to the Regulations and maintenance of this information at ex.salelifter.com/pl/panel for at least 14 consecutive calendar days. If User does not accept the new contents of the Regulations, he/she is obliged to notify Salelifter of this fact within 14 days from the date of notification of the amendments to the Regulations.
56. User is obliged to read the contents of the modified Regulations and accept it if User wishes to continue using the Program.
57. In the case of non-acceptance of the modified Regulations, User has the right to resign from using the Program.
58. All provisions of the Regulations shall be binding and remain in effect until cancellation of any of them by final court decision.
59. All potential disputes the parties shall endeavor to resolve amicably, and in the event that such an agreement cannot be reached, the dispute will be settled by the court competent for the seat of Salelifter.
60. When completing Registration, User declares that he/she accepts all the provisions of the Regulations.
Salelifter Sp. z o.o. ul. Raciborska 35A 44-200 Rybnik TIN: 642-318-34-13.
Attachment no 1 (Umowa powierzenia przetwarzania danych osobowych)